Bismarck weekly tribune., 1887-02-04
THE COUNCIL.
5TWENTY-THIRD DAY.

q l.t
Mr. GRIGSBY was excused from atten-
dance ct this days session on account Of
illness. ia x. ,,la .5 55.7. 55 .5i5
D The council refused to concur in house
amendments to council bill No. 9, obiec-
tions being made to repetitions Of the re-
ipealing clause. .$
Mr.. SMITH presented a petition from
ladies Of Yankton asking enactments for
the BETTER protection Of women and girls,
and that the age of consent be raised to
not less than IS years. n u
Il BILLS INTRODUCED.
No. IA. By Mr.. FOSTER-To locate
and establish soldiers home and provide
for Its management.
No. l45. BY Mr.. ALLIN-To amend sec
tions and 4 of chapter of the political
code. y
No. 146. BY Mr.. BoGERT-To provide
for the service of summons on incorpor-
ated companies. S 1
No. l47 By Mr.. DoDGE-To amend
section 81 Of the code of civil procedure.
No. 148. BY Mr.. WASHABAUGH-To
amend section 22 of chapter "a of the po-
litieal code, entitled incorporation of towns
and cities. I'd. \ - IT,
AssIGNEEs' REPORTS.
In committee of the whole, Mr. Cain in
the chair, house bill No. IS was under con-
sideration, and was recommended to pass.
1t provides that an assignee may be re-
quired to report to the court his proceed
lngS and the condition of the estate in his
charge: The report was adopted by the
council and the bill was passed.
- THE AGE OF CONSENT.
House bill No. "a, amendin the statutes.
by raising the age Of consent from 10 to ID
Mr.. McCUMBER moved to amend to in
sert II in place Of IA years, and argued
that the proposed amendment would en-
danger boys Of less mental and physical
than the girls. If the penalty
only reached men Of mature years he
would be willing to make the age of con
sent in the girls to 18 years.
Messrs. BOGERT and ERICSSON spoke
in favor OF the bill, and Mr., McCumber re-
peated and explained his argument, that
the amendment would leave male children
OF tender years and immature minds sub
ject to the penalties of rape.
Mr.. WELLS spoke of the differing effects
upon the two sexes and asserted that it is
not boys who commit crimes against young
girls butold villains.
Mr.. S NTH spoke in favor of the house
Dill and opposed the proposed amendment.
:, The roll being called on the amendment
1t was rejected; ayes, 8; nays, 18.
Mr.. SMITH moved to amend to make the
age of consent IS years. Rejected.
Mr.: ERICSSON moved to strike out II and
insert IL. Carried, ayes, IL; nays, 10.
On roll call, the bill as amended was
passed. ayes, IL; nays, 9.
Mr.. DODGE, explaining his negative vote
on passage of the bill, said he thought the
change was too radical; the house would
not agree; and we would have no law, no
step in advance.
Mr.. DONOVAN, explaining his own
negative vote, said he was surprised the
house had not noticed that the bill would
leave too much chance for blackmailings
and for malicious propositions.
Mr.. McCUMBER said, in his experience,
the woman who brought actions in such
cases was too often the vilest of the vile.
MI. BOGERT moved to reconsider the
vote by which the bill passed, which mo-
ton prevailed.
Mr.. DODGE, argued that the laws as to
terms applied to youth as we'll as age, and
the only question in this case is, is girl
child OF Il years competent to make con
tract? She may not contract to sell her
shoes, but the law says she may sell her
honor, her soul and even the honor of un-
tions. To the male it matters little; to her,
everything, But four years, as prescribed
by the bill, is long step in advance; it is
enough. In going further we may not be
sustained by public opinion; let us wait till
the public is educated up to making a
radical change. He preferred the house
bill rather than have the amended bill
defeated in the house.
Mr.. BOGERT agreed with Mr. Dodge
and Mr.. HUGHES moved to strike out l6
in the amended bill and insert II. On roll
call the amendment was adopted, ayes, IA,
noes, Z.
The bill was then again passed, as it
came from the house, ayes, 20, nay, l.
MI. MCCUMBER, explaining his affirma-
tive vote, said, while he thought this too
much of change. yet he was III favor of
raising the age of consent.
LITERARY INSTITUTES.
Mr.. SMITH in the chair, in committee of
the whole, the council considered c. B. No.
So, for the organization of library instl-
tutes. which had been reported from the
committee on education, without recon-
mendation.
Mr.. Donovan, who introduced the
to the educational system of the territory,
and especially for benefit of those not able
to take all the benefits of the schools. He
moved to recommend the bill for passage.
Mr.. WELLS called attention to the In
tended appropriation of $4,000 in territor-
!al funds to assist the establishment of the
Institutes and libraries.
Mr.. ERICSSON said the committee of ed
ucatiOn was divided in opinion on this bill.
While unanimously in favor of libraries,
it was divided as to this bill and doubtful
Of the bond appropriation. There were two
other bills for the same object before the
council. He preferred them to this for two
reasons. First, they provide for absolutely
free libraries, while this fixes an annual
charge of from $3 to $40. Second, the 9TH
ers provide for support of the libraries by
direct local taxation, while this makes them
q charge in part upon the territorial treas
ury.
Mr.. BOGERT said he was informed by
the territorial treasurer that per cent.
bonds of the territory could be sold at par
or, perhaps, for premium. This bill pro-
vides for 8 per cent. bonds. On that ac-
count and for other reasons he moved to
amend to recommend that the bill be re-
ferred to the committee on appropriations.
This motion prevailed and the committee
rose and reported accordingly. The report
was adopted, and the bill goes to the COM
mittee on appropriations.
At 4:26 the council adjourned.
Council Bills Explained.
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